Filing a Racial Discrimination Claim

When Work Stops Feeling Safe or Fair

You work hard. You show up, give your all, and expect to be treated with the same respect and opportunity as everyone else. But then something shifts. 

A comment that stings, a promotion that never comes, a meeting you weren’t invited to. It starts to feel like the color of your skin matters more than your skills. If you’re dealing with that right now, it’s not just in your head. And you don’t have to accept it.

Our employment law attorneys at Horn Wright, LLP, help New Yorkers take that stress off their shoulders. We’ve stood up for workers facing racism at major companies, small businesses, and everywhere in between. 

New York law provides strong protections. Under New York Executive Law Section 296, it’s illegal for employers to discriminate based on race. The New York City Human Rights Law goes even further if you work within the five boroughs. 

And while most northeastern states like Maine, New Hampshire, Vermont, and New Jersey offer workplace discrimination protections, New York allows you to bring claims in state court even without going through a federal agency first. That flexibility can work in your favor.

If your employer treated you unfairly because of your race, you can call us at (855) 465-4622. We’ll listen, explain your options, and fight for what you’re owed.

What Racial Discrimination Actually Looks Like

Racial discrimination doesn’t always come with slurs or overt insults. In many New York workplaces, it hides behind policies, patterns, or attitudes that treat employees of color differently. You might notice that certain teams have a "look" to them, or that upper management doesn't reflect the diversity of lower-level staff. These patterns matter.

Under Title VII of the Civil Rights Act of 1964 and New York’s Human Rights Law, you have the right to a workplace free from racial bias. That includes bias in hiring, pay, promotion, training, and even discipline. If your manager nitpicks your work while overlooking others', or if you're skipped over for career opportunities with no clear reason, that's something the law takes seriously.

The protections are even stronger if you work in New York City. The NYC Human Rights Law makes it easier to prove discrimination and doesn’t require you to show the same burden of evidence as federal law. You deserve fair treatment, not excuses.

How Employers Try to Get Away With It

Most employers won’t admit racial bias out loud. Instead, they bury it under pretexts and plausible deniability. That doesn’t make it legal, but it does make it harder to spot unless you know the red flags.

• Claiming it’s just a "misunderstanding." Supervisors often dismiss racist behavior as harmless jokes or cultural confusion. They might say, "That’s just how they talk," to avoid accountability. They often brush it off with humor or vague statements to avoid responsibility.
• Shifting blame onto you. Some managers try to gaslight you into thinking you’re imagining things. They’ll say, "You’re being too sensitive," or question your interpretation of events. They aim to make you second-guess your perception and stay silent.
• Using vague performance issues. Employers sometimes create paper trails of unsubstantiated warnings. They can claim poor performance while offering no specifics or denying support. These tactics are designed to justify unfair treatment and block advancement.
• Promoting others while sidelining you. If white colleagues with less experience move up while you stay stuck, that's a red flag. Especially when those decisions aren’t backed by documentation. The lack of transparency is often intentional to keep you from questioning it.
• Denying complaints were ever made. HR may claim they never received your report or that it wasn’t filed properly. This tactic delays action and discourages follow-up. It creates a paper trail where your concerns vanish without resolution.

How to Build Proof Without Getting Burned

Documenting discrimination is key, but it’s also nerve-wracking. You want to protect yourself without escalating tension at work. Here are some ways to gather solid evidence discreetly.

• Save written communications. Emails, Slack messages, texts—anything that contains coded language, direct insults, or shows biased treatment. These can be vital. Make sure to store them on a personal device or secure cloud storage.
• Keep a personal log. Write down dates, times, locations, and witnesses for each discriminatory event. Your notes build credibility over time. Over time, patterns in your log can help prove repeated behavior.
• Secure your reviews and HR files. Make copies of performance reviews, warnings, or HR reports. If they change tone suddenly, that’s a sign of retaliation. These documents can show sudden changes that align with your complaint.
• Take screenshots. If your job duties or team dynamics shift quickly, save evidence of those changes. Compare them to your job description or past communication. Visual records can be powerful, especially if policies shift abruptly.
• Track comparison data. Notice who’s being promoted or praised. If you see a pattern of white employees advancing while others are stalled, that pattern matters. These trends can support claims of unequal opportunity or treatment.

Where and How to File Your Claim

Filing a racial discrimination complaint in New York can happen at both the state and federal levels, and in some cases, at the city level too. You have options and choosing the right one depends on timing, goals, and where you work.

You can file with the New York State Division of Human Rights (DHR), the Equal Employment Opportunity Commission (EEOC), or both at the same time (a process called "dual filing"). If you're based in NYC, you can also file with the New York City Commission on Human Rights. All three agencies have the power to investigate, attempt mediation, and issue findings.

Timing is critical. For DHR, you typically have one year from the date of discrimination. For EEOC claims under federal law, you have 300 days in New York. And thanks to updates in the New York Human Rights Law, you can also sue directly in state court up to three years after the incident without first going to an agency. That flexibility is rare, and it's a strong legal tool.

Retaliation Happens Here’s How It Looks

Even though workplace retaliation is illegal, it’s something many New Yorkers face after speaking up. It can be obvious or sneaky, and it often starts right after your employer learns you filed a complaint.

• Demotions or changes to your role. Suddenly, you're reassigned or stripped of responsibilities. Your title may stay the same, but the respect disappears. It can be a silent way of pushing you out without saying it outright.
• Negative reviews out of the blue. You go from being praised to being micromanaged. The shift happens right after your report. These reviews are often used to build a case for future discipline or termination.
• Social isolation at work. Coworkers stop talking to you. Managers exclude you from meetings or group emails. It creates a toxic atmosphere that discourages others from supporting you.
• Terminations without warning. You're let go for vague reasons, or the company suddenly claims financial issues. But nobody else is laid off. They try to frame it as business, but the timing tells a different story.
• Missing out on raises or bonuses. You meet goals but don’t get the perks others do. When you ask, no one gives a straight answer. It’s a subtle punishment that directly affects your livelihood.

What You Can Win if You Fight Back

Filing a claim isn’t just about justice. It’s about compensation, too. If you experienced racial discrimination, you may be entitled to real financial and legal remedies under both federal and New York law.

Damages often start with back pay and lost benefits. If you were fired, demoted, or denied a raise due to race, you can demand the wages you would have earned otherwise. That includes bonuses, healthcare coverage, and missed 401(k) contributions.

There’s also the matter of emotional distress. The anxiety, humiliation, and mental toll racial bias takes is compensable. Courts and agencies often award damages for psychological harm, and those amounts can be substantial.

In some cases, especially when employers acted maliciously or showed reckless disregard, you could also qualify for punitive damages. These are meant to punish and prevent further harm. Under New York law, there’s no cap on emotional distress or punitive damages for racial discrimination, unlike under Title VII.

Real Support from People Who Get It

We know it takes courage to come forward. And you deserve a legal team that takes your story seriously. 

Our employment attorneys at Horn Wright, LLP, are committed to standing up for employees across New York who’ve been ignored, sidelined, or mistreated because of their race. We listen. We believe you. And we fight back hard.

Learn why so many New Yorkers have trusted us with their most personal cases. If you need legal guidance for filing a racial discrimination claim, we’re ready to offer support. Contact our office to arrange your free, no-pressure consultation.